Asbestos Litigation

In courts all over the country asbestos litigation is a huge issue. Studies have proven that asbestos case exposure can cause lung damage and illness.

It is important for an attorney to know how to spot asbestos products in every case. This can be done through talking to colleagues, collecting documents, or analyzing samples taken from home or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos attorney-related illness You may be qualified for compensation. Compensation can help with lost wages and medical expenses as well as other costs related to mesothelioma and other asbestos-related illness. You may choose to file a lawsuit or offer an offer of settlement to the defendants.

In asbestos cases, there will be multiple defendants as there are many mining companies that produce asbestos and manufacture products containing asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, companies that provided services to mines, or manufacturers who used asbestos, or acted as employers could be held liable for the victims' injuries.

Asbestos suits are typically governed by the law of product liability that are based upon common and state laws that allow for damages to be recouped from sellers of goods when they cause injury. In a product liability suit it is claimed that the injuries were caused due to faulty design or mismanufacture and that the person injured was not adequately warned about the dangers of the products.

In asbestos cases, defendants typically argue that they did not act in a negligent way and that their products are safe, even though doctors have long recognized that asbestos-containing products is linked to various diseases. Companies that hid asbestos risks to make profits were accused of cover-up, and they attempted to suppress claims and prevent workers from seeking an amount of compensation for their injuries.

If more than one defendant is found to be liable for a victim's asbestos-related injuries, a judge or jury could decide how to split the blame between the defendants in a process referred to as allocation. The apportionment does not alter the amount of compensation that the plaintiff may receive from the defendants.

Damages

A lawsuit brought against a company that manufactured or sold asbestos-related products can help victims receive compensation for the losses they suffered. This includes the expense of medical treatment for their illness and the loss of wages due to being unable to work. Victims could also be awarded compensatory and punitive damages.

The lawsuit claims that the defendant acted with negligence in that it failed to exercise reasonable care to ensure the product was safe for its intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and failed to warn workers and consumers about this risk.

An asbestos lawsuit can be filed by a person who has suffered the loss or the estate of a person who passed away from an asbestos-related disease like mesothelioma. A person can make a claim for personal injury in order to obtain compensation for economic and other damages that include emotional distress, pain and suffering, and loss of enjoyment the life. In addition, the survivor family of someone who died from an asbestos-related disease can pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the two sides share information through the process of discovery. It can take several months and may involve lengthy interviews with coworkers, relatives, abatement workers, and others to identify potential defendants and their asbestos-related products.

Due to the complexity of asbestos litigation it is important that plaintiffs get an experienced lawyer to handle their case. The law firm a victim or their family chooses be aware of the complexities unique to asbestos litigation and be acknowledged by insurers and defendants for its expertise in these cases.

Our lawyers have years of experience in representing victims and their families in asbestos lawsuits. We are renowned for our success in obtaining the highest compensation for our clients.

If you have any questions regarding filing an asbestos lawsuit (click the next document), call us for a no-cost consultation. We are committed to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients across the nation. Contact us today to get started.

Settlements

When asbestos victims win their lawsuits, they are awarded compensation from companies that knowingly exposed them to dangerous substances. The money is meant to pay the victim and their family members for the financial losses resulting from asbestos exposure. Compensation may also cover the pain and suffering.

Asbestos cases are typically settled rather than going to trial. This is due to the fact that it's more affordable and easier for the defendant companies to settle the case this way. Settlements also prevent negative publicity that can come with a trial verdict. It is crucial to select mesothelioma attorneys who have experience in obtaining maximum damages on behalf of their clients.

Mesothelioma lawsuits can be complex and require lawyers to conduct extensive research into the history of their clients' employment as well as medical records and asbestos exposure. They can help clients identify asbestos-producing businesses that could be responsible for the illness. Lawyers are able to gather evidence and use it in the preparation of a mesothelioma case that is strong and successful.

Mesothelioma lawyers may uncover evidence that asbestos companies were negligent during depositions and investigations. The evidence typically is found in the form internal memos, corporate documents, and testimony from former employees who worked with asbestos-containing substances. These documents typically show that asbestos manufacturers knew about the dangers of mesothelioma and other asbestos-related diseases, but didn't tell their workers or the general public.

There are many states that set time limits also known as statutes or limitations on the time asbestos victims have to start a lawsuit. These time periods vary by state, but typically vary between one and two years. If the statute of limitations runs out before a mesothelioma lawsuit is filed, victims lose their rights to be compensated.

The amount of compensation victims can receive is based on the severity of their condition and their diagnosis as well as other factors. Attorneys will consider the cost of treatment and other expenses when negotiating to ensure that patients have enough money to pay for their medical bills. Asbestos victims can also file claims using trust funds that were established in order to compensate those who've been diagnosed with mesothelioma or any other asbestos-related diseases.

Some of these trusts have been exhausted, but others continue to pay out significant awards. For instance, in the year 2018 the federal jury awarded $70 million to the family of an U.S. Navy machinist who developed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Trials are the better option for asbestos victims than settlement offers. Trials can also help to resolve issues that cannot be resolved through settlement negotiations, for instance differences in how to calculate damages and whether the condition was caused by specific exposures.

In a trial the plaintiffs have to prove that they are entitled to compensation, such as future and past medical expenses, loss of earnings, property damage or loss of enjoyment, and loss of consortium. The defendant must also prove their responsibility for the asbestos-related injury. The trial process can be lengthy. In the last decade mesothelioma cases, jury awards have risen significantly and have much exceeded the amount that is awarded by judges in settlement cases.

A mesothelioma lawyer will help victims understand how to proceed in the court process and can explain their legal rights in a courtroom with an open door. An experienced attorney can help to identify potential defendants. Asbestos litigation can be more complicated than car accident cases where it is generally easy to identify the parties responsible. This is particularly true if a person has been exposed to asbestos in multiple places and at different dates. A mesothelioma lawyer with experience can interview witnesses, such as family members, coworkers and asbestos lawsuit abatement workers, to create an inventory of companies, products and the locations.

The expense of settling asbestos claims eats away funds which could be used to pay for future cases. Many claimants also believe that settlements do not accurately reflect their actual injuries and therefore they deserve more compensation.

The defendants can seek to dismiss asbestos claims with the process of summary judgment, or by finding that there was no exposure. These motions need an exhaustive examination of the evidence as well as an expert opinion that the asbestos doses that were measured by the plaintiff were not enough to cause mesothelioma. A mesothelioma lawyer can help speed up the process and stop the case from becoming part of the backlog in the courts.